The largest threat to providing adults with potentially less harmful alternatives is the massive proliferation of illicit products that are coming into the United States–mainly from China. Only 11 percent of the products sold in the U.S. have been authorized by FDA. These illegal products now account for approximately $9 billion per year, representing over two-thirds of U.S. e-vapor sales.
The vast majority of these products are illegal for sale in China, but are being sold freely in the U.S. The Chinese manufacturers of these products have profited billions by evading FDA regulation, misbranding and mislabeling their products, and engaging in marketing tactics that attract youth. What the country has experienced is an out of control market filled with illegal products that have questionable ingredients and increase underage use.
To bring law and order to the U.S. market, the federal government should demand the Chinese government immediately stop all exports of these illegal products to the U.S., and stop the importation of all illicit products at our borders. In addition to stemming the tide of this wave of illegal products, the FDA must enhance enforcement action. Juul Labs commends the steps taken by the agency thus far, but it is clear that its efforts are far too small to combat this problem. Continuing the status quo will only enrich Chinese companies, increase the prevalence of underage use, and harm the opportunity for adult smokers to switch to potentially less harmful alternatives that have undergone the proper scientific review.